Inch v. Stead

2007 B.C.S.C. 1249

Facts
Mrs. Stead prepared a will on September 29, 2003 and died on April 14, 2004. Mr. Stead appointed her daughter as executrix, instructed as to personal belongings, 4 bequests totalling $5,000. and divided the residue between the daughter Battie and son Mr. Inch. There were gifts inter vivos and joint accounts with Battie.

Held
Both Battie and Inch were poor witnesses. The Court found that the discussion between Ms. Stead and her solicitor proved she intended gifts of the “investments and bank accounts”. The evidence regarding the chequing account was not persuasive and was not a gift, the intention was for the daughter to pay bills. The evidence on the term deposits indicated a clear intention.
The effect of inter vivos gifts can impact whether a court will vary a will. Will not varied by partial resulting trust established.